Introduction of 259 BNS
259 BNS of the Bharatiya Nyaya Sanhita (BNS) focuses on the legal duty of public servants to apprehend or detain individuals charged with crimes. It ensures accountability by penalizing police officers, jail officials, or other authorities who intentionally neglect their duty or permit an accused to escape custody. The severity of punishment depends on the gravity of the escaped individual’s offense—ranging from 2 years to 7 years of imprisonment, along with fines.
The Bharatiya Nyaya Sanhita (BNS) Section 259 replaces the old Indian Penal Code (IPC) Section 221.
What is BNS Section 259 ?
BNS Section 259 addresses instances where a public servant, who is legally required to arrest or keep in custody a person charged with an offense, intentionally fails to do so. This section is intended to ensure that public officials fulfill their legal duties without favoritism or intentional neglect. The law sets penalties for public servants who either neglect their duty to apprehend or intentionally allow the person to escape custody.
Under Section 259 of the bns act 2023
“Whoever, being a public servant legally bound to apprehend or keep in custody any person charged with or liable to be apprehended for an offence, intentionally omits to do so, or intentionally allows such person to escape, shall be punished as provided in this section.”
1. Meaning of “Intentional Omission by Public Servant”
- This section applies when a public servant (such as a police officer, jail official, or any government authority) deliberately fails to arrest or detain a person who is legally required to be taken into custody.
- It also covers situations where an official knowingly allows an accused or convicted person to escape from custody.
- The key element is intention — accidental negligence or unavoidable lapses are not punishable under this section.
Example:
A police officer knowingly ignores an order to arrest a murder suspect and lets him escape → Punishable under BNS 259.
2. Who is Covered?
This law applies to:
- Police officers who are responsible for making arrests.
- Jail authorities responsible for keeping accused/convicts in custody.
- Other government servants legally bound to apprehend or confine individuals charged with crimes.
3. Nature of the Offence
- Cognizable or Non-Cognizable: Depends on the seriousness of the crime of the escaped person.
- Bailable: Yes, the accused public servant can apply for bail.
- Non-compoundable: Cannot be settled privately; must proceed in court.
- Triable by: Magistrate of the First Class.
4. Examples of BNS Section 259
- Example 1: A police officer deliberately avoids arresting a murder accused (death-penalty offence). → Officer may face up to 7 years imprisonment.
- Example 2: A jailer intentionally allows a robber (5 years sentence) to escape. → Jailer may face up to 2 years imprisonment.
- Example 3: A constable lets a fraud accused (punishable with 10 years) escape in exchange for a bribe. → Constable may face up to 3 years imprisonment.
5. Punishment under BNS Section 259
- If the person escaped is accused of a death-penalty offence: Imprisonment up to 7 years + fine.
- If the person escaped is accused of life imprisonment or 10-year offence: Imprisonment up to 3 years + fine.
- If the person escaped is accused of a lesser offence: Imprisonment up to 2 years + fine.
6. Importance of BNS Section 259
- Ensures accountability of public servants in maintaining law and order.
- Prevents intentional neglect or corruption in handling criminals.
- Protects society by ensuring offenders are not unlawfully released.
- Reinforces the principle that no official is above the law.
Section 259 BNS Overview
BNS Section 259 of the Bharatiya Nyaya Sanhita (BNS) outlines the responsibility of public servants to apprehend or detain individuals charged with certain crimes. If a public servant intentionally omits this duty or helps in an escape, it results in legal consequences, with punishments depending on the seriousness of the offense of the individual who escaped.
BNS Section 2259 in 10 Key Points
- Legal Duty of Public Servants
Public servants have a responsibility under the law to arrest or detain certain individuals based on the offense they are charged with. This section applies to police officers, jailers, and other officials who are legally required to confine suspects or individuals convicted of crimes. - Intentional Neglect or Omission
For a public servant to be penalized under this section, their neglect must be intentional. The law requires proof that the officer knowingly failed to carry out their duty. Accidental or unavoidable omissions do not fall under this section, emphasizing accountability in duty. - Types of Offenses Covered
BNS Section 259 applies to public servants responsible for apprehending individuals charged with various offenses. This includes cases ranging from minor crimes to serious offenses, with the punishment for the public servant varying according to the severity of the crime the escaped person was involved in. - Severity-Based Punishments
The severity of punishment for the public servant increases with the seriousness of the crime of the escaped person. For instance, if a public servant allows a person charged with a death-penalty offense to escape, they face a harsher penalty than if the offense was a lesser crime. - Classification of Offenses under Section 259
The offense committed by the public servant under Section 259 may be classified as either cognizable or non-cognizable, depending on the nature of the crime involved. For cognizable offenses, authorities can arrest the public servant without a warrant. - Penalties for Death-Punishable Crimes
If the person who escaped is involved in a crime punishable by death, the public servant responsible can face imprisonment for up to seven years. This reflects the seriousness of neglecting duties when dealing with high-severity offenses. - Penalties for Life Imprisonment Crimes
For crimes punishable by life imprisonment or imprisonment up to ten years, the public servant can be sentenced to imprisonment for up to three years. This covers situations where the public servant’s failure to act leads to the escape of an individual involved in significant, though non-capital, crimes. - Penalties for Lesser Crimes
If the escaped person is involved in a crime punishable by imprisonment for less than ten years, the responsible public servant can face up to two years of imprisonment. This penalty is relatively lighter, aligning with the lesser severity of the escaped individual’s crime. - Application of Fines
Alongside imprisonment, the law allows for fines as an additional or alternative form of punishment. Fines can be imposed at the discretion of the court, based on the case’s specifics, providing flexibility in enforcing penalties under Section 259. - Bailability and Trial of the Offense
Offenses under Section 259 are bailable, allowing the accused public servant the opportunity to apply for bail. They are also triable by a Magistrate of the first class, ensuring that cases are handled at an appropriate judicial level.
Examples of Applying BNS Section 259
- Example 1: A police officer knowingly avoids arresting a suspect charged with a murder-related offense who later manages to escape due to the officer’s omission. Under BNS Section 259, the officer can face up to 7 years in prison for failing to perform their duty intentionally.
- Example 2: A jailer intentionally allows a person sentenced to 5 years’ imprisonment for robbery to escape custody. Since the crime involved carries less than ten years of imprisonment, the jailer could face up to 2 years in prison under Section 259 for aiding the escape.
BNS 259 Punishment
- Imprisonment
- For death-penalty offenses, imprisonment up to 7 years.
- For life or up to 10-year offenses, imprisonment up to 3 years.
- For lesser offenses, imprisonment up to 2 years.
- Fine
The court may impose a fine alongside or instead of imprisonment based on the specific circumstances of the case.
BNS 259 bailable or not ?
Yes, offenses under BNS Section 259 are bailable. This means that a public servant accused of failing to apprehend or detaining an individual, as legally required, has the option to apply for bail and may not necessarily be held in custody until trial.
Comparison Table BNS Section 259 vs IPC Section 221
| Point of Comparison | BNS Section 259 | IPC Section 221 (old) |
|---|---|---|
| Offence | Public servant intentionally omits to apprehend or detain a person legally bound to be arrested, or intentionally allows escape. | Similar: Public servant intentionally omits to arrest or detain a person, or allows escape from custody. |
| Mental element | Requires clear intention to omit or allow escape — not mere negligence. | Same requirement of intention; accidental lapses not covered. |
| Punishment | Up to 7 years (death-penalty offence), 3 years (life/10-year offence), 2 years (lesser offences) + fine. | Same graded punishment structure as BNS: 7 / 3 / 2 years depending on seriousness of offence. |
| Cognizability / Arrest | Cognizable or non-cognizable depending on the escaped person’s offence. | Also treated as cognizable or non-cognizable based on underlying offence. |
| Bailable / Non-Bailable | Bailable. | Bailable under IPC as well. |
| Triable by | Magistrate of the First Class. | Magistrate of the First Class. |
| Key difference / Note | Modernized drafting, clearer wording, aligns with updated structure of BNS. | Substantively same; older IPC language was retained but updated in BNS. |
BNS Section 259 FAQs
What is the purpose of BNS Section 259?
BNS Section 259 addresses intentional failure by public servants to apprehend or detain individuals charged with crimes. It is designed to hold public officials accountable for any neglect or collusion in such cases.
What actions are punishable under BNS Section 259?
Intentional omission to apprehend a person required to be detained or allowing them to escape. The law holds the public servant responsible if the omission was intentional.
How does punishment vary under Section 259?
Punishment depends on the crime’s severity for which the person was liable to be apprehended: 7 years for death-related offenses, 3 years for life imprisonment or up to ten-year offenses, and 2 years for lesser offenses.
Is Section 259 bailable?
Yes, offenses under this section are typically bailable, allowing the accused public servant the chance to secure bail.
What classification of offense does Section 259 fall under?
The offense may be cognizable or non-cognizable based on the nature of the crime linked to the omission, but it is non-compoundable.
Who tries offenses under BNS Section 259?
Cases under Section 259 are triable by a Magistrate of the first class.
Conclusion
BNS Section 259 plays a crucial role in maintaining the integrity of the justice system by holding public servants accountable for intentional neglect of duty. By prescribing graded punishments based on the seriousness of the crime, it ensures fairness and prevents misuse of authority. Importantly, the law strikes a balance—offenses under this section are bailable and triable by a Magistrate of the first class, ensuring due process while upholding responsibility.
In essence, Section 259 reinforces the principle that no public servant is above the law, and their duty to safeguard justice must be carried out with honesty, vigilance, and responsibility.
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